Loading...
HomeMy WebLinkAboutTeam Ghilotti, Inc. 2021-04-08 COU No. 2021-187 CITY OF UKIAH Mendocino County, California AGREEMENT FOR TRANSPORTATION IMPROVEMENTS FOR GOBBI AND WAUGH TRAFFIC SIGNAL Specification No. 20-11 THIS AGREEMENT, made this 8th day of April, 2021, by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and Team Ghilotti, Inc hereinafter called the Contractor, W ITNESSETH: WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other contract documents for the work herein described and shown and has approved and adopted these contract documents, specifications and drawings and has caused to be published in the manner and for the time required by law a notice to bidders inviting sealed proposals for doing the work in accordance with the terms of this contract and WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the construction of the proposed work in accordance with the terms of this contract and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular responsible bidder for the work and for the sums named in the proposal, NOW,THEREFORE, THIS AGREEMENT WITNESSETH: Article 1. Work to be Done and Contract Days Allowed. That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary for completion of the work in conformity with the Special Provisions and other contract documents hereto attached and according to such instructions as may be given by the Engineer. The Contractor shall complete the work within seventy-five(75)calendar days. Contract days shall be counted starting with the 10th day following receipt of notice that the contract has been executed by the City. Contractor, at his or her option, may begin work prior to start of counting contract days, however, in no event shall the Contractor start work without giving notification to the Engineer at least 72 hours prior to the start of work, without obtaining an encroachment permit from the City, or without having submitted certificates of insurance that have been accepted and approved by the Engineer Article II. Contract Prices. That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor,for complete performance of the contract by the Contractor. The Contractor hereby agrees to accept the prices as full Transportation Improvements for Gobbi and Waugh Traffic Signal Spec. No 20-11 compensation for all material and appliances necessary to the work, for all labor and use of tools and other implements necessary to execute the work contemplated in this contract; for all loss or damage arising out of the nature of the work or from the action of the elements, or from any unforeseen obstructions or difficulties which may be encountered in the prosecution of the work;for all risks of every description connected therewith; for all expenses of the work, as herein specified; for all liability and other insurance,for all overhead and other expenses incident to the work; all according to the Contract Drawings, the Special Provisions, the Details, the instructions and the requirements of the City. Article III. Labor Discrimination. Attention is directed to Section 1735 of the Labor Code, which reads as follows: "No discrimination shall be made in the employment of persons upon public works because of the race, color, national origin or ancestry, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." In connection with the performance of work under this contract, the Contractor agrees as follows: (a) The Contractor will not willfully discriminate against any employee or an applicant for employment because of race, color, religion, ancestry, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provisions of this Fair Employment Practice section. (b) The Contractor will send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the awarding authority, advising the said labor union or worker's representative of the Contractor's commitments under this section, to employees and applicants for employment. (c) The Contractor will permit access to his or her records of employment, employment advertisements, application forms and other pertinent data and records by the Fair Employment Practices Commission, City of Ukiah or any other appropriate agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this contract. (d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair Employment Practices Act shall be regarded by the awarding authority as a basis for determining the Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may submit bids, for revoking the Contractor's pre-qualification rating, if any and for refusing to establish, reestablish or renew a pre-qualification rating for the Contractor. The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment Practices Act to have occurred upon that it has investigated and determined that the Contractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429. Upon receipt of such written notice from the Fair Employment Practices Commission,the City shall notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority within a stated period that the violation has been corrected, his or her pre-qualification rating will be revoked at the expiration of such period. Transportation Improvements for Gobbi and Waugh Traffic Signal Spec. No 20-11 (e) The Contractor agrees that should the City determine that the Contractor has not complied with the Fair Employment Practices section of this Contract,then pursuant to Labor Code Section 1735 and 1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof, for each person who was denied employment as a result of such non-compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Contractor. The City may deduct any such damages from any monies due the Contractor. (f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of fashion so as to prevent the City or the State of California from pursuing any other remedies that may be available at law. (g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by the awarding authority: (1) The Contractor shall provide evidence, as required by the City that he or she has notified all supervisors,foremen and other personnel officers in writing of the content of the anti-discrimination clause and their responsibilities under it. (2) The Contractor shall provide evidence, as required by the City, that he or she has notified all sources of employees' referrals (including unions, employment agencies, advertisements, Department of Employment)of the content of the anti-discrimination clause. (3) The Contractor shall file a basic compliance report, as required by the City. Willfully false statements made in such reports shall be punishable as provided by law. The compliance report shall also spell out the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire. (4) Personally, or through his or her representatives, the Contractor shall, through negotiations with the unions with whom he or she has agreements,attempt to develop an agreement which will: a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training. b. Otherwise implement an affirmative anti-discrimination program in terms of the unions' specific areas of skill and geography to the end that qualified minority workers will be available and given and equal opportunity for employment. (5) The Contractor shall notify the City of opposition to the anti-discrimination clause by individuals, firms or organizations during the period of its pre-qualification. (h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier subcontract so that such provisions will be binding upon each such subcontractor. (i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of submitting the bid. (ii) Article IV. Parts of the Contract. That the complete contract consists of the following documents, all of which shall be considered a part of this agreement. 1. Notice to Bidders 2. Wage Rates 3. General Conditions 4. Technical Specifications 5. Proposal 6. Fair Employment Practices Certification Transportation Improvements for Gobbi and Waugh Traffic Signal Spec. No 20-11 7. Agreement 8. Contract Bonds 9. Contract Drawings and Construction Details 10. Standard Drawings 11. Indemnification Agreement IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their names to be signed by authority of their duly authorized office this day of 20_ CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA By: CITY MANAGER, CITY OF UKIAH �isti�re/�wGe� Attest: Kristine Lawler(Apr 28,202108:41 PDT) CITY CLERK, CITY OF UKIAH By: Ii.�� Gr V' CONTRACTOR KEVIN GHILOTTI, PRESIDENT OF TEAM GHILOTTI, INC. Attest: Title: J)OE MOREIRA,ASSISTANT SECRETARY The foregoing contract approved as to form and legality this 21 St day of April , 20 21 CITY ATTORNEY, CITY OF UKIAH Transportation Improvements for Gobbi and Waugh Traffic Signal Spec.No 20-11 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Sonoma On APR 15 2021 before me, Gabriel William Duran,Notary Public Date Here Insert Name and Title of the Officer personally appeared Kevin Ghllotti,Pmident,CFO,Treasurer Name(s)of Signer(s) Joe Moreira,General Manager, Assistant Secretary who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)jeare subscribed to the within instrument and acknowledged to me that f A)at/they executed the same in Yyis' &Itheir authorized capacity(ies), and that by Flip/hr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. GABRIEL WILLIAM DURAN e Notary Public-California = WITNESS my hand and official seal. Sonoma County m Commission#2338747 `' °a■"`� My Comm.Expires Nov 27,2024 Signature Z1,1n1111,—r71 Place Notary Seal andlor Stamp Above Signature o4lory Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer— Title(s): ❑ Corporate Officer —Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: ©2019 National Notary Association INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and entered in Ukiah, California, on April 8, 2021, by and between the City of Ukiah(Ukiah) and Team Ghilotti, Inc(Contractor). Contractor is performing work in accordance with the plans and specifications for the Transportation Improvements for Gobbi and Waugh Traffic Signal Specification No. 20-11 for Ukiah. As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will protect Ukiah from damage or damage claims which arise from its performance of the work. Accordingly, Contractor agrees as follows: 1. Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers, agents, and employees from and against any claim,loss,or damage,including the legal and other costs of defending against any claim of damage or loss which arises out of the Contractor's negligent or wrongful performance under the work order attached hereto, except for claims, losses, or damages resulting from the sole and exclusive negligence or other wrongful conduct of Ukiah or its officers, agents and employees. CONTRACTOR BY: �L/,/1y1y1 Grl1y4 TITLE: KEVIN GHILOTTI, PRESIDENT Transportation Improvements for Gobbi and Waugh Traffic Signal Spec. No 20-11 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California 1 County of Sonoma J} On APR 15 2021 before me, Gabriel William Duran,Notary Public Date Here Insert Name and Title of the Officer personally appeared Kevin rflli0fti,President,Un,Treasurer Nam(fWof Signer's)' who proved to me on the basis of satisfactory evidence to be the person whose nameJq isy�m subscribed to the within instrument and acknowledged to me that he/s,4etWy executed the same in his/hgrAWrr authorized capacity(, and that by his/Yie�f/tk it signaturejs) on the instrument the person); or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 4sE„°„Ty GABRIELWILLIAMDURAN t Notary Public•California z WITNESS my hand and official seal. Sonoma County is ` Commission#2338747 `'«a•"� My Comm.Expires Nov 27,2024 Signature Place Notary Seal and/or Stamp Above _/ Signatur otary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer— Title(s): ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: ©2019 National Notary Association Bond#0232597 Premium: $4,322.00 CITY OF UKIAH Mendocino County, California FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, Team Ghilotti, Inc. AS PRINCIPAL, and Berkley Insurance Company AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the"City", in the penal sum of Three Hundred Fifty Three Thousand One Hundred Forty One&07/100s— dollars($ 353,141.07 ) for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. WHEREAS, the Principal has entered into a certain Contract with the City, dated April 8 , 2021 a copy of which is hereto attached and made a part hereof, NOW,THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived. IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this 13th day of April 2021 In the presence of: WITNESS: (SEAL) (Individual Principal) N/A (Business Address) (City/State/Zip Code) WITNESS: Transportation Improvements for Gobbi and Waugh Traffic Signal Spec. No 20-11 Team Ghilotti, Inc. By: 4"TgG 1j akg' (SEAL) (Corporate Principal) Kevin Ghilotti,President 2531 Petaluma Blvd., South (Business Address) Petaluma, CA 94952 (City/State/Zip Code) ATTEST: � N crtaru a,-t�"Q-ched.�E (Corporate Principal) Affix Joe Momim, ;sV+u►i Corporate aS31 Pe�kL$XnC, 81yd s� Seal o. (Business Address) V?'+0LlLj-tn0., GPr R4959 (City/State/Zip Code) Berkley,lnsurange C irpany ATTEST: See Attached Power of Attorney for By: Affix Attestation / ,(Corporate Surety) Corporate Jedn L. Neu,Aftorney-in-Fact Seal 4 Hutton Centre Drive, Suite 640 (Business Address) Santa Ana, CA 92707 (City/State/Zip Code) The rate of premium on this bond is$ 12.24 per thousand. The total amount of premium charges is$4,322.00 (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached). Joe Morelra,General MangeE,Fj,TIFI 8nt�TO CORPORATE PRINCIPAL) i0e M „ ►�� certify that I am the Secretary of the corporation named as Principal in the foregoing bond; that Kevin Ghilotti.President who signed the said bond on behalf of the Principal, was then Vre5icteM- of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body. I _ Affix Corporate Seal JWWOT4 A9rerat M8rdr arY Transportation Improvements for Gobbi and Waugh Traffic Signal Spec. No 20-11 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California 1 County of Sonoma J} On APR 15 2021 before me, Gabriel William Duran,Notary Public Date Here Insert Name and Title of the Officer personally appeared KA*MIA.President,CFO,Treasurer Name(s)of Signer(s) Joe Moreira,General Manager, Assistant Secretary who proved to me on the basis of satisfactory evidence to be the person(s)whose names)jsfare subscribed to the within instrument and acknowledged to me that f sjxe/they executed the same in lyK/tye<r/their authorized capacity(ies), and that by 1,iKA /their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing �Sw;O6r GABRlELWILLIAMDURAN paragraph is true and correct. Notary Public-California _ Sonoma County WITNESS my hand and official seal. Commission#2338747 My Comm.Expires Nov 27,2024 1 Signature Place Notary Seal and/or Stamp Above Signature otary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Titie(s): ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: ©2019 National Notary Association ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Santa Clara On APR 13 2021 before me, Erin Bautista, Notary Public (insert name and title of the officer) personally appeared Jean L. Neu who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that M/she/executed the same in h#,#her/t#eirauthorized capacity(i", and that by /her/ffteirsignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 9. My ERIN BAUTISTA Notary Public-CaMornia Santa Clara County Commission N 2236034 Comm,Expires Apr 25, 2022 Signature &,�L (. (Seal) No.BI-10192d-el POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich,CT,has made,constituted and appointed,and does by these presents make, constitute and appoint: Bryan D. Martin;Erin Bautista,Jean L. Neu;Stephen E. Leveroni;Angelina A. Campano; Gordon Scott Gaddy;or Jennifer Marie Hyland ofABD Insurance&Financial Services, Inc. of San Mateo, CA its true and lawful Attorney-in-Fact,to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings,with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S.Dollars(U.S.$50,000,000.00),to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with,and governed by,the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted;and further RESOLVED,that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated;and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance, or other suretyship obligation of the Company;and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Company has caused these presents to_be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 21g day of April I 2020 y�� AH Attest 57W ce Company tF {1 �MPi7k4���Oo W 51.:1I. 2 BY ederman Executive Vice President& Secretary ent STATE OF CONNECTICUT) ) ss: COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut,this 21st day of A rii 2020 ,by Ira S. Lederman and Jeffrey M Rafter who are sworn to me to be the Executive Vice Pr;o5t;6,Public, ecretary, and t Senior Vice President, respectively,of BerkleyInsurance Company. MARIA c RUNMAKEW NOTARY PURI IC CONNECTICUT MY� PIREES APHL 33 2024 State of Connecticut CERTIFICATE I,the undersigned,Assistant Secretary of BERKLEY INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing is a true,correct and complete copy of tbe.original Power of Attorney;that said Power of Attorney has not been revoked or rescinded and,tlthe authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of A R'Aw shed,is in full force and effect as of this date. der my hand and seal of the Company,this 13th day of Aril , 2021 '" N't Vincent P.Forte Bond#0232597 Premium_ Incl. in Performance Bond CITY OF UKIAH Mendocino County, California MATERIAL AND LABOR BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, Team Ghilotti, Inc. AS PRINCIPAL, and Berkley Insurance Company AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the"City" in the penal sum of dollars ($ 176,570.54 ) for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. WHEREAS, the Principal has entered into a certain Contract with the City, dated April 8 2021 a copy of which is hereto attached and made a part hereof, NOW,THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived. IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this 13th day of April 2021 In the presence of: WITNESS: N/A (SEAL) (individual Principal) (Business Address) (City/State/Zip Code) Transportation Improvements for Gobbi and Waugh Traffic Signal Spec. No 20-11 WITNESS: Team Ghilotti, Inc. f By: l/,�pt*�7 64-� (SEAL) (Corporate Principal) Kevin Ghilotti,Pmident 2531 Petaluma Blvd., South (Business Address) Petaluma, CA 94952 (City/State/Zip Code) ATTEST: (Corporate Principal) Affix op- Morei rca., es + Corporate ..S31 P8ta,lL'.rn cL 61ud. So (Business Address) Pefia..tLLP,0 GR 944Sa (City/State/Zip Code) ATTEST: Berlde nsur Co pany See Attached Power of Attorney for B ' '� Affix Attestation ' Corporate Surety) Corporate , an L. Neu, Attomey-in-Fact Seal 4 Hutton Centre Drive, Suite 640 (Business Address) Santa Ana, CA 92707 (City/State/Zip Code) The rate of premium on this bond is$ N/A per thousand. The total amount of premium charges is$ N/C (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached). (CERTIFICATE AS TO CORPORATE PRINCIPAL) I, Joe M,oreira. I certify that I am the JK55%Sto'-nt- Secretary of the corporation named as Principal in the foregoing bond; that. who signed the said bond on behalf of the Principal, was then eret>'Idtnt of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body. Affix Corporate Seal Joe Moreira,Genieral Manager, Assistant Secretary Transportation Improvements for Gobbi and Waugh Traffic Signal Spec. No 20-11 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Sonoma On APR 15 2021 before me, Gabriel William Duran,Notary Public Date Here Insert Name and Title of the Officer personally appeared Ke*Ghl�ot i,PreskW,CFO,Treasurer Nome(s)of Signer(s) Joe Moreira,General Manager, Assistant Secretay who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Xare subscribed to the within instrument and acknowledged to me that IWsXlthey executed the same in Ia.iSlW/their authorized capacity(ies), and that by IXl /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing GABRIEL WILLIAM DURAN paragraph is true and correct. NotaryPublic-California WITNESS my hand and official seal. u � z _ Sonoma County Commission k 2338747 My Comm.Expires Nov 27,2024 Signature 1,/jX,/or, Place Notary Seal and/or Stamp Above 4— Signature of otary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: c02019 National Notary Association ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Staunt te f California Santa Clara Y of On APR 13 2021 before me, Erin Bautista, Notary Public (insert name and title of the officer) personally appeared lean L. Neu who proved to me on the basis of satisfactory evidence to be the person(9) whose name(s) is/WLX subscribed to the within instrument and acknowledged to me that l;W/she/executed the same in h;Wher/t*FeiFauthorized capacity(r , and that by a/her/#?e*signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ERIN BAUTISTA Notary Punic Caii(ornia Santa Clara County Commisslon N 2236034 My Comm. Expires Apr 25, 2022 Signature (Seal) No.BI-10192d-el POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich,CT,has made,constituted and appointed,and does by these presents make, constitute and appoint: Bryan D. Martin;Erin Bautista;Jean L. Neu;Stephen E.Leveroni;Angelina A. Campano;Gordon Scott Gaddy;or Jennifer Marie Hyland ofABD Insurance& Financial Services, Inc. of San Mateo, CA its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings,with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00l100 U.S.Dollars(U.S.$50,000,000.00),to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted;and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated;and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking,recognizance, or other suretyship obligation of the Company;and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN'WITNESS WHEREOF,the Company has caused these presents to-be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 215t day of Aorii 1' 2o 0 `�,sURANr f Attest: Berkl Insurance Company .' `prV044p,Ca�. By By . Ir derman Je after � aE Executive Vice President&Secretary Se ' 1< resident STATE OF CONNECTICUT) ) ss: COYfi'TY OF FAlIkFIELD ) Sworn to before me, a Notary Public in the State of Connecticut,this 21st day of it 2020 ,by Ira S.Lederman and Jeffrey M Hafter who are sworn to me to be the Executive Vice President Secretary, and 515 Senior Vice President, respectively,of Berkley insurance Company. MARIA c FdJNMAKEl) NOTARY PURI IC CONNECTICUT COMMISSION ,2D2;PIRE3 otary Public,State of Connecticut CERTIFICATE L the undersigned,Assistant Secretary of BERKLEY INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing is a true,correct and complete copy of the original Power of Attorney;that said Power of Attorney has not been revoked or rescinded and-tlRA authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of N A �1 ched,is in fiill force and effect as of this date. der my band and seal of the Company,this 13th day of Aril 2021 m �;1: 1I. z 4 l975 ``�`"" Vincent P.Forte Please verify the authenticity of the instrument attached to this power by- Toll-Free Telephone: (866) 768-3534; or Electronic Mail: BSGinguiry@berkleysurety.com Any written notices, inquiries, claims or demands to the Surety on the bond attached to this power should be directed to: Berkley Surety Group 412 Mount Kemble Ave. Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or Email: BSGClaim@berkleysurety.com Please include with all communications the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond please also identify the project to which the bond pertains. Berkley Surety Group is an operating unit of W. R. Berkley Corporation that underwrites surety business on behalf of Berkley Insurance Company and Berkley Regional Insurance Company